[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29147-29151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09578]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-IA-2023-N034; FXIA16710900000/234/FF09A30000; OMB Control
Number 1018-0093]
Agency Information Collection Activities; Suroval; Federal Fish
and Wildlife Permit Applications and Reports--Management Authoritybmission to the
Office of Management and Budget for Review and App
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing to renew an
information collection, with revisions.
DATES: Interested persons are invited to submit comments on or before
June 5, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this
particular information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function.
Please provide a copy of your comments to the Service Information
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB
(JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by
email to Info_Coll@fws.gov. Please reference ``1018-0093'' in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at Info_Coll@fws.gov, or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services.
[[Page 29148]]
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA; 44 U.S.C. 3501 et seq.) and its implementing regulations in
the Code of Federal Regulations (CFR) at 5 CFR 1320, all information
collections require approval under the PRA. We may not conduct or
sponsor and you are not required to respond to a collection of
information unless it displays a currently valid OMB control number.
On June 30, 2022, we published in the Federal Register (87 FR
39112) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on August 29, 2022. In an effort to increase public
awareness of, and participation in, our public commenting processes
associated with information collection requests, the Service also
published the Federal Register notice on Regulations.gov (Docket FWS-
HQ-IA-2022-0067) to provide the public with an additional method to
submit comments (in addition to the typical Info_Coll@fws.gov email and
U.S. mail submission methods). We received the following comments in
response to that notice:
Comment 1: Email comment dated July 18, 2022, from the Marine
Mammal Commission. The Marine Mammal Commission provided the following
recommendations regarding marine mammal permit applications:
1. Recommended that we (1) remove the requirement to denote
procedures as Level A or B harassment or other take, and (2) ensure
that mortality takes are denoted on separate rows and classified
appropriately in the tables.
2. Recommended that we adopt a clearer means of collecting
principal investigator (PI) and co-investigator (CI) activities by
providing a table based on comments they provided on November 26, 2019.
3. Recommended that the Service establish a standardized
qualification system similar to National Marine Fisheries Service
(NMFS) standards, authorize PI and CIs to conduct activities according
to this system, and require that in lieu of a curriculum vitae (CV),
each PI or CI submit a qualification table based on the qualification
standards that we establish.
4. Expressed concern that we under-reported the burden hours as
indicated on our application forms for marine mammals, and provided
suggested burden hours for information collection.
Agency Response to Comment 1: We accepted these changes and have
incorporated them in our revised marine mammal permit application forms
to include the removal of the requirement to denote procedures as Level
A or B harassment or other take, adopting a clearer means of collecting
PI and CI activities, and adjusting the burden hours for information
collection.
Comment 2: Email comment dated August 15, 2022, from The
Ornithological Council. The Ornithological Council's comment supports
our electronic permitting system. The Council is encouraged to see
improvements and the continued development of the system and encourages
continued improvements to the digitization of the application forms.
The commenter hopes that the Service can be more responsive to their
requests for assistance when needed. For Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) permits,
the commenter indicated that it can be problematic to obtain the
endorsements that were adopted in 2002 (Resolution Conf. 12.3 Rev.
CoP19). For Wild Bird Conservation Act (WBCA) permits, the commenter
indicated that there is some question on interpretation of the
exemption for requiring a permit under the WBCA for dead museum
specimens and dead scientific specimens. Finally, the commenter
requested that we change the title of Form 3-200-47 to ``Import of Live
Birds for Scientific Research or Zoological Breeding and Display under
the Wild Bird Conservation Act.''
Agency Response to Comment 2: We are pleased to see that the
commenter is in support of our ePermits system, along with the
commenter's acknowledgement that we continue to build and improve the
system. We continue to work to improve our responsiveness to our
customers' questions. For WBCA permits, the Service's position is that
this exemption is only allowed for those specimens that are accessioned
into a museum or scientific institution's collection. Specimens that
are subject to collection under a researcher's activities and are not
accessioned into an institution's collection would not be eligible for
this exemption and the researcher should apply for the necessary import
permits.
For CITES permit endorsements, Resolution Conf. 12.3 (Rev CoP19)
provides that ``export permits and re-export certificates be endorsed,
with quantity, signature, and stamp, by an inspecting official, such as
Customs, in the export endorsement block of the document. If the export
document has not been endorsed at the time of export, the Management
Authority of the importing country should liaise with the exporting
country's Management Authority, considering any extenuating
circumstances or documents, to determine the acceptability of the
document.'' As this is a regulatory requirement and recommendation
under a CITES resolution, the commenter has continued to experience
barriers to obtaining the required endorsements; consequently, they
submitted a petition requesting we eliminate this requirement from our
regulations. These regulations are currently being updated at this time
and may address the Ornithological Society's concerns. For application
Form 3-200-47, based on our discussion above, this change would
preclude researchers that obtain dead specimens that are not
accessioned into a museum or scientific institution from applying for a
permit. Therefore, we will not make this change.
The commenter also discussed issues specific to the Migratory Bird
Treaty Act (MBTA). Since we collect information regarding CITES and the
U.S. Endangered Species Act (ESA), we can only provide the comments to
the Service program that handles MBTA permits.
Comment 3: Email comment dated August 29, 2022, from Safari Club
International. The Safari Club International (SCI) opposes the
information collected on Forms 3-200-19, 3-200-20, 3-200-21, and 3-200-
22, regarding the sex and age of the sport-hunted trophy. The commenter
also suggested changes to the Notices section of the application under
the Privacy Act Statement and Paperwork Reduction Act Statement.
Agency Response to Comment 3: In response to the request to remove
the questions asking for the age and sex of the trophy, our regulations
at 50 CFR 23.61 require us to find that a proposed import of an
Appendix I specimen is for purposes that would not be detrimental to
the survival of the species, prior to issuing a CITES document. The
regulations stipulate, at 50 CFR 23.61(c), that the applicant must
provide sufficient information for us to make a finding of non-
detriment, and outline those criteria for which a finding of non-
detriment can be made. Specifically, 50 CFR 23.61(c)(2) states that we
must be able to find that the removal of the animal or plant from the
wild is part of a biologically based sustainable-use management plan
that is designed to eliminate overutilization of the species. Under
CITES, the import permit must be
[[Page 29149]]
issued prior to the export permit. Our requirement for the applicant to
state the sex and age of the sport-hunted trophy provides us with the
complete information we need to make a non-detriment finding.
Additionally, in accordance with regulations at 50 CFR 23.60, in
order to issue a permit for this activity, the Division of Management
Authority (DMA) must determine that the trophy was legally acquired.
This involves reviewing records such as permits, licenses, and tags,
plus harvest locations and capture means, that demonstrate the specimen
was legally removed from the wild under relevant wildlife or forestry
laws or regulations. In some cases, this may include the sex and age of
the animal, evidence of firearms license where restricted and relevant,
and invoices related to hiring of guides or professional hunters.
Additionally, for species listed as threatened or endangered under
the U.S. Endangered Species Act, we are required to find that the
activity enhances the survival of the species. We understand that
management plans in many foreign countries limit hunters to sport-
hunting of animals of a certain age and/or sex. The requirement for the
applicant to state the sex and age of the sport-hunted trophy
information, in addition to the current enhancement questionnaire,
makes it unnecessary for us to ask the country for this information. We
do not ask for the age and/or sex for a trophy that has not yet been
hunted. Therefore, in summary, we appreciate the comment submitted;
however, the topics addressed in the comment submitted will remain
unchanged in the application. In response to the commenter's request
that we incorporate their suggested changes to our Notices under the
Privacy Act Statement and Paperwork Reduction Act Statement, we did not
make the suggested changes as these statements apply to all permit
application forms.
Additionally, we are required to publish in the Federal Register
the name, city, and State of any applicant who requests activities with
a species that is listed as endangered. The information that is
collected is voluntary in that the General Permit Procedures, outlined
in 50 CFR 13.12(a), require this information be disclosed if a person
wishes to obtain a permit.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
new, proposed, revised, and continuing collections of information. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Abstract: The General Permit Requirements at 50 CFR 13 provide the
uniform rules, conditions, and procedures for the application for, and
the issuance, denial, suspension, revocation, and general
administration of, all permits for all of the laws, treaties, and
regulations administered by the Service that authorize activities
requiring permits. The requirements in 50 CFR part 13 are in addition
to any other permit regulations that may apply to a specific
circumstance and are outlined in other sections of our regulations.
The Wild Bird Conservation Act (WBCA; 16 U.S.C. 4901-4916) and the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES; 27 U.S.T. 1087, March 3, 1973) use a system of
permits and certificates to help ensure that international trade is
legal and does not threaten the survival of wildlife or plant species
in the wild. Permits under the U.S. Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.) and the Marine Mammal Protection Act (MMPA; 16
U.S.C. 1361 et seq.) ensure that activities are consistent with the
intent and purposes of the ESA and MMPA. Permitted activities under the
Bald and Golden Eagle Act (BGEPA; 16 U.S.C. 668-668d) must be
compatible with the preservation of eagles. Permitted activities
regarding injurious wildlife under the Lacey Act (18 U.S.C. 42; 16
U.S.C. 3371-3378) regulate the importation into the United States and
any shipment between the continental United States, the District of
Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, or any
possession of the United States, of animal species determined to be
injurious by the Secretary of the Interior. Such importation and
shipments are prohibited, except by permit. Although the Service's
Division of Management Authority does not administer the Migratory Bird
Treaty Act (MBTA; 16 U.S.C. 704), we receive authorization from the
Migratory Bird Program to issue import/export permits under the MBTA.
Prior to the import or export of species listed under the MBTA,
MMPA, BGEPA, Lacey Act, WBCA, ESA, and/or CITES, the Management
Authority and Scientific Authority must make appropriate determinations
and issue the appropriate documents. Section 8A of the ESA designates
the Secretary of the Interior as the U.S. Management Authority and U.S.
Scientific Authority for CITES. The Secretary in turn delegated these
authorities to the Service.
Before a country can issue an export permit for CITES Appendix I or
II specimens, the CITES Scientific Authority of the exporting country
must determine that the export will not be detrimental to the survival
of the species, and the Management Authority must be satisfied that the
specimens were acquired legally. For the export of Appendix III
specimens, the Management Authority must be satisfied that the
specimens were acquired legally (CITES does not require findings from
the Scientific Authority). Prior to the importation of Appendix I
specimens, both the Scientific Authority and the Management Authority
of the importing country must make required findings. The Scientific
Authority must also monitor trade of all species to ensure that the
level of trade is sustainable.
Article VIII(3) of the CITES treaty states that participating
parties should
[[Page 29150]]
make efforts to ensure that CITES specimens are traded with a minimum
of delay. Section XIII of Resolution Conf. 12.3 (Rev. CoP19) recommends
use of simplified procedures for issuing CITES documents to expedite
trade that will have no impact, or a negligible impact, on conservation
of the species involved.
All Service permit applications are in the 3-200 series of forms,
each tailored to a specific activity based on the requirements for
specific types of permits. In accordance with Federal regulations at 50
CFR 13.12, we collect standard identifier information for all permit
applications, such as:
Applicant's full name, whether an individual or business,
and address (street address, city, county, State, and zip code; and
mailing address, if different from street address); main and alternate
telephone numbers; and an email address (required if filing
electronically, optional for a mail-in application), and
--If the applicant resides or is located outside the United States, an
address in the United States, and, if the applicant is conducting
commercial activities, the name and address of the applicant's agent
inside the United States; and
--If the applicant is a business, corporation, public agency, or
institution, the tax identification number; description of the business
type, corporation, agency, or institution; and the name and title of
the person responsible for the permit (such as president, principal
officer, or director);
Location where the requested permitted activity is to
occur or be conducted;
Reference to the part(s) and section(s) of subchapter B as
listed in paragraph (b) of 50 CFR 13 under which the application is
made for a permit or permits, together with any additional
justification, including supporting documentation as required by the
referenced part(s) and section(s);
If the requested permitted activity involves the import or
re-export of wildlife or plants from or to any foreign country, and the
country of origin, or the country of export or re-export restricts the
taking, possession, transportation, exportation, or sale of wildlife or
plants, documentation as indicated in Sec. 14.52(c) of subchapter B;
Certification containing the following language:
--I hereby certify that I have read and am familiar with the
regulations contained in title 50, part 13, of the Code of Federal
Regulations and the other applicable parts in subchapter B of chapter I
of title 50, Code of Federal Regulations, and I further certify that
the information submitted in this application for a permit is complete
and accurate to the best of my knowledge and belief. I understand that
any false statement herein may subject me to suspension or revocation
of this permit and to the criminal penalties of 18 U.S.C. 1001.
Desired effective date of permit (except where issuance
date is fixed by the part under which the permit is issued);
Signature date;
Signature of the applicant;
Such other information as the Director determines relevant
to the processing of the application, including but not limited to
information on the environmental effects of the activity consistent
with 40 CFR 1506.5 and Departmental procedures at 516 DM 6, appendix
1.3A; and
Additional information required on applications for other
types of permits may be found by referring to table 1 in paragraph (b)
in 50 CFR 13.12.
Standardization of general information common to the application
forms makes the filing of applications easier for the public, as well
as expediting our review of applications. The information that we
collect on applications and reports is the minimum necessary for us to
determine if the applicant meets/continues to meet issuance
requirements for the particular activity.
Proposed Revisions
In 2020, the Service implemented a new electronic permit
application called ePermits. The ePermits system allowed the Service to
move towards a streamlined permitting process to reduce the information
collection burden on the public, particularly small businesses. Public
burden reduction is a priority for the Service, the Assistant Secretary
for Fish and Wildlife and Parks, and senior leadership at the
Department of the Interior. The intent of the ePermits system is to
fully modernize the permitting process to improve the customer
experience and to reduce time burden on respondents. This system
enhances the user experience by allowing users to enter data from any
device that has internet access, including personal computers, tablets,
and smartphones. It also links the permit applicant to the Pay.gov
system for payment of the associated permit application fee.
Users of the ePermits system register for and use an account which
will then automatically populate the forms they complete with the
required identification information. The system eliminates the need for
applicants to enter their information multiple times when they apply
for separate permits and therefore reduces the burden on the applicant.
The account registration process will also provide private sector users
an opportunity to self-identify as a small business, which will enable
the Service to more accurately report burden associated with
information collection requirements placed on them.
At this time, the ePermits system is unable to fully digitize
section E of the permit application process. Section E of each permit
application is customized based on the permit type. We anticipate being
able to begin digitizing section E on our application forms within the
year. As a result of challenges with the development of forms within
the ePermits system, we do not have a timeline for full digitization of
section E. We anticipate beginning the digitization of the report forms
contained in this collection within the year, and believe the
digitization of section E on application forms should be finalized by
fiscal year 2024, as funding and resources become available.
We anticipate changes to 12 application forms outlined below;
however, we do not anticipate significant changes to the questions
within section E of the other application forms. We have identified
questions that could be simplified into plain language. Our proposed
changes to the application forms are described below:
Changes to trophy applications (FWS Forms 3-200-19,
``Import of Sport-Hunted Trophies of Southern African Leopard and
Namibian Southern White Rhinoceros''; 3-200-20, ``Import of Sport-
Hunted Trophies (Appendix I of CITES and/or ESA)''; 3-200-21, ``Import
of Sport-Hunted Trophies of Argali''; and 3-200-22, ``Import of Sport-
Hunted Bontebok Trophies from South Africa''), to include specific
questions on the sex and approximate age of the trophy, and copies of
the specific forms provided by each country to the hunter as part of
their application.
Updating FWS Form 3-200-31, ``Introduction from the Sea
(CITES),'' to add information requirements necessary to identify ports
of entry to ensure proper inspection/clearance of specimens imported
under the introduction from the sea.
Updating FWS Form 3-200-32, ``Export/Re-Export of Plants
(CITES),'' to ensure that each section of the application requests
receipts documenting the legal acquisition of the species requested.
[[Page 29151]]
Updating FWS Form 3-200-37d, ``Interstate or Foreign
commerce of Live Animals/Samples/or Products (ESA),'' to add a question
on the description of and justification for the requested activity. We
will outline the information needed for each of the following purposes:
scientific research, conservation education and/or zoological display,
and captive propagation for the conservation and survival of the
species.
Based on requirements outlined in Resolution Conf. 11.20
(Rev CoP18), we will be updating FWS Form 3-200-37f, ``Import of Live
African Elephant from Botswana, Namibia, South Africa, and Zimbabwe and
Southern White Rhino from Eswatini and South Africa,'' to request
additional information required in order to make the finding of
appropriate and acceptable destinations for the import of live African
elephants and rhinoceros.
Updates to FWS Form 3-200-41, ``Captive-Bred Wildlife
Registration (U.S. Endangered Species Act),'' will be updated to
include all new applicants completing sections 1, 2, and 4, as
appropriate, and section 3 for renewing a captive-bred wildlife
registration.
Splitting FWS Form 3-200-43, ``Take/Import/Export of
Marine Mammals for Public Display, Scientific Research, Enhancement, or
Rescue/Rehabilitation/Release Activities or Renewal/Amendment of
Existing Permit (MMPA and/or ESA),'' into smaller parts (3-200-43a, 3-
200-43b, 3-200-43c, 3-200-43d) to ensure the applicant can easily
identify and submit the correct type of application for activities
being requested under the MMPA.
Clarification of information needed on FWS Form 3-200-46,
``Import/Export/Re-Export of Personal Pets under the Conservation on
International Trade in Endangered Species (CITES) and/or the U.S.
Endangered Species Act (ESA),'' will include the requirement of the
address of an applicant when they will be relocating with their pet.
Updates to FWS Form 3-200-73, ``Re-Export of Wildlife
(CITES),'' will be updated to align with our FWS Form 3-200-24,
``Export of Live Captive-Born Animals and/or Part/Products from Non-
Native Species under the Convention on International Trade in
Endangered Species (CITES),'' for information collected on live animals
to include the sex and birth/hatch date of the live wildlife to be re-
exported.
We do not plan to make changes to the annual report forms contained
in this collection. We do make note that some permits are issued with
specific reporting requirements at the termination of the permitted
activity. The information varies based on the permitted activities. The
report is submitted at the time a permit renewal is requested or at the
termination of the permitted activity.
The public may request copies of any form or document contained in
this information collection by sending a request to the Service
Information Collection Clearance Officer (see ADDRESSES, above).
Title of Collection: Federal Fish and Wildlife Permit Applications
and Reports--Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23.
OMB Control Number: 1018-0093.
Form Numbers: FWS Forms 3-200-19 through 3-200-37, 3-200-39 through
3-200-42, 3-200-43a through 3-200-43d, 3-200-46 through 3-200-53, 3-
200-58, 3-200-61, 3-200-64 through 3-200-66, 3-200-69, 3-200-70, 3-200-
73 through 3-200-76, 3-200-80, and 3-200-85 through 3-200-88.
Type of Review: Revision of a currently approved collection.
Description of Respondents/Affected Public: Individuals (including
hunters); private sector (including biomedical companies, circuses,
zoological parks, botanical gardens, nurseries, museums, universities,
antique dealers, exotic pet industry, taxidermists, commercial
importers/exporters of wildlife and plants, freight forwarders/
brokers); and State, local, Tribal, and Federal governments.
Estimated Number of Annual Respondents: 6,139.
Estimated Number of Annual Responses: 8,946.
Estimated Completion Time per Response: Varies from 15 minutes to
40 hours, depending on activity.
Estimated Annual Burden Hours: 9,035.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion or annually, depending on
activity.
Total Estimated Annual Nonhour Burden Cost: $576,387 for costs
associated with application processing fees, which range from $0 to
$250. There is no fee for reports. State, local, Tribal, and Federal
government agencies and those acting on their behalf are exempt from
processing fees.
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-09578 Filed 5-4-23; 8:45 am]
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